Great Ape Protection and Cost Savings Act of 2011

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 810 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 810

To prohibit the conducting of invasive research on great apes, and for
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 13, 2011

Ms. Cantwell (for herself, Ms. Collins, Mr. Sanders, and Mr. Lieberman)
introduced the following bill; which was read twice and referred to the
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

To prohibit the conducting of invasive research on great apes, and for
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Great Ape Protection and Cost
Savings Act of 2011''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) chimpanzees are the only great apes currently used in
        invasive research in the United States;
            (2)(A) as of the date of introduction of this Act, there
        are approximately 1,000 chimpanzees housed in laboratories in
        the United States;
            (B) more than \1/2\ of these chimpanzees are owned by the
        Federal Government; and
            (C) the vast majority are financially supported by the
        Federal Government;
            (3) great apes are highly intelligent and social animals;
            (4) research laboratory environments involving invasive
        research cannot meet the complex physical, social, and
        psychological needs of great apes;
            (5) invasive research performed on great apes, and the
        breeding, housing, maintenance, and transport of great apes for
        these purposes, are economic in nature and substantially affect
        interstate commerce;
            (6) maintaining great apes in laboratories costs the
        Federal Government more than caring for great apes in suitable
        sanctuaries that are specifically designed to provide adequate
        lifetime care for great apes; and
            (7) the National Research Council report entitled
        ``Chimpanzees in Research--Strategies for their Ethical Care,
        Management, and Use'' concluded that--
                    (A) there is a ``moral responsibility'' for the
                long-term care of chimpanzees used for scientific
                research;
                    (B) there should be a moratorium on further
                chimpanzee breeding;
                    (C) euthanasia should not be used as a means to
                control the size of the great ape population; and
                    (D) sanctuaries should be created to house
                chimpanzees in a manner consistent with high standards
                of lifetime care, social enrichment, and cognitive
                development.
    (b) Purposes.--The purposes of this Act are to--
            (1) phase out invasive research on great apes and the use
        of Federal funding of such research, both within and outside of
        the United States;
            (2) prohibit the transport of great apes for purposes of
        invasive research;
            (3) prohibit the breeding of great apes for purposes of
        invasive research; and
            (4) require the provision of lifetime care of great apes
        who are owned by or under the control of the Federal Government
        in a suitable sanctuary through the permanent retirement of the
        apes.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Assigned to an active protocol.--The term ``assigned to
        an active protocol'' means that a great ape is supported by, or
        used pursuant to, public or private funding that requires
        invasive research.
            (2) Great ape.--The term ``great ape'' means any individual
        of the following species:
                    (A) Chimpanzee (Pan troglodytes).
                    (B) Bonobo (Pan paniscus).
                    (C) Gorilla (Gorilla gorilla or Gorilla beringei).
                    (D) Orangutan (Pongo pygmaeus or Pongo abelii).
                    (E) Gibbon (Family Hylobatidae).
            (3) Invasive research.--
                    (A) In general.--The term ``invasive research''
                means any research that may cause death, injury, pain,
                distress, fear, or trauma to a great ape, including--
                            (i) the testing of any drug or intentional
                        exposure to a substance that may be detrimental
                        to the health or psychological well-being of a
                        great ape;
                            (ii) research that involves penetrating or
                        cutting the body or removing body parts,
                        restraining, tranquilizing, or anesthetizing a
                        great ape; or
                            (iii) isolation, social deprivation, or
                        other experimental manipulations that may be
                        detrimental to the health or psychological
                        well-being of a great ape.
                    (B) Exclusions.--
                            (i) In general.--The term ``invasive
                        research'' does not include--
                                    (I) close observation of natural or
                                voluntary behavior of a great ape, if
                                the research does not require an
                                anesthetic or sedation event to collect
                                data or record observations;
                                    (II) the temporary separation of a
                                great ape from the social group of the
                                great ape, leaving and returning by the
                                own volition of the great ape;
                                    (III) post-mortem examination of a
                                great ape that was not killed for the
                                purpose of examination or research; and
                                    (IV) the administration of a
                                physical exam by a licensed
                                veterinarian or physician conducted for
                                the well-being of the individual great
                                ape.
                            (ii) Physical exam.--A physical exam
                        conducted for the well-being of an individual
                        great ape, as described in clause (i)(IV), may
                        include the collection of biological samples to
                        further the well-being of the individual great
                        ape, the social group of the great ape, or the
                        great ape species.
            (4) Permanent retirement.--
                    (A) In general.--The term ``permanent retirement''
                means a situation in which--
                            (i) a great ape is placed in a suitable
                        sanctuary that will provide for the lifetime
                        care of the great ape; and
                            (ii) the great ape will no longer be used
                        in invasive research.
                    (B) Exclusion.--The term ``permanent retirement''
                does not include euthanasia.
            (5) Person.--The term ``person'' means--
                    (A) an individual, corporation, partnership, trust,
                association, or any other private or not-for-profit
                entity;
                    (B) any officer, employee, agent, department, or
                instrumentality of the Federal Government, a State,
                municipality, or political subdivision of a State; or
                    (C) any other entity subject to the jurisdiction of
                the United States.
            (6) Suitable sanctuary.--The term ``suitable sanctuary''
        means--
                    (A) a sanctuary that meets or exceeds the standards
                of care for chimpanzees held in the federally supported
                sanctuary system, as defined in part 9 of title 42,
                Code of Federal Regulations; or
                    (B) a wildlife sanctuary that is a nonprofit
                organization that--
                            (i) operates a place of refuge where
                        abused, neglected, unwanted, impounded,
                        abandoned, orphaned, displaced, or retired
                        animals are provided care for the lifetime of
                        the animal;
                            (ii) does not conduct invasive research on
                        animals;
                            (iii) does not conduct any commercial
                        activity with animals, including, at a minimum,
                        sale, trade, auction, lease, or loan of animals
                        or animal parts, or use of animals in any
                        manner in a for-profit business or operation;
                            (iv) does not use animals for entertainment
                        purposes or in a traveling exhibit;
                            (v) does not breed any animals, whether
                        intentionally or by failing to use adequate
                        birth control methods; and
                            (vi) does not allow members of the public
                        the opportunity to come into physical contact
                        with the animals.

SEC. 4. PROHIBITIONS.

    (a) Invasive Research Prohibited.--No person shall conduct invasive
research on a great ape.
    (b) Housing for Invasive Research Prohibited.--No person shall
possess, maintain, or house a great ape for the purpose of conducting
invasive research.
    (c) Federal Funding for Invasive Research Prohibited.--No Federal
funds may be used to conduct invasive research on a great ape or to
support an entity conducting or facilitating invasive research on a
great ape either within or outside of the United States.
    (d) Breeding for Invasive Research Prohibited.--No person shall
knowingly breed a great ape for the purpose of conducting or
facilitating invasive research.
    (e) Transport for Invasive Research Prohibited.--No person shall
transport, move, deliver, receive, lease, rent, donate, purchase, sell,
or borrow a great ape in interstate or foreign commerce for the purpose
of conducting or facilitating invasive research on a great ape.
    (f) Transfer of Ownership Prohibited.--No Federal agency may
transfer ownership of a great ape to a non-Federal entity unless the
entity is a suitable sanctuary.
    (g) Exemption.--Nothing in this Act limits or prevents
individualized medical care performed on a great ape by a licensed
veterinarian or physician for the well-being of the great ape,
including surgical procedures or chemical treatments for birth control.

SEC. 5. RETIREMENT.

    Notwithstanding any other provision of law, not later than 3 years
after the date of enactment of this Act, the Secretary of Health and
Human Services shall effectuate the permanent retirement of all great
apes owned by the Federal Government that are being maintained in any
facility for the purpose of breeding for, holding for, or conducting
invasive research.

SEC. 6. CIVIL PENALTIES.

    (a) In General.--In addition to any other penalties that may apply
under law, any person who violates any provision of this Act shall be
assessed a civil penalty of not more than $10,000 for each violation.
    (b) Multiple Violations.--Each day that a violation of this Act
continues shall constitute a separate offense.

SEC. 7. GREAT APE SANCTUARY SYSTEM FUND.

    (a) Establishment of Fund.--There is established in the Treasury of
the United States a fund to be known as the ``Great Ape Sanctuary
System Fund'' (referred to in this section as the ``Fund''), to be
administered by the Secretary of Health and Human Services, to be
available without fiscal year limitation and not subject to
appropriation, for construction, renovation, and operation of the
sanctuary system established pursuant to section 481C of the Public
Health Service Act (42 U.S.C. 287a-3a).
    (b) Transfers to Fund.--
            (1) In general.--The Fund shall consist of--
                    (A) such amounts as are appropriated to the Fund
                under paragraph (2); and
                    (B) such other amounts as are appropriated to the
                Fund under this Act.
            (2) Civil penalties.--There are appropriated to the Fund,
        out of funds of the Treasury not otherwise appropriated,
        amounts equivalent to amounts collected as penalties and
        received in the Treasury under section 6.
    (c) Prohibition.--Amounts in the Fund may not be made available for
any purpose other than a purpose described in subsection (a).
    (d) Annual Reports.--
            (1) In general.--Not later than 60 days after the end of
        each fiscal year beginning with fiscal year 2012, the Secretary
        of Health and Human Services shall submit to the appropriate
        committees of Congress a report on the operation of the Fund
        during the fiscal year.
            (2) Contents.--Each report shall include, for the fiscal
        year covered by the report, the following:
                    (A) A statement of the amounts deposited into the
                Fund.
                    (B) A description of the expenditures made from the
                Fund for the fiscal year, including the purpose of the
                expenditures.
                    (C) Recommendations for additional authorities to
                fulfill the purpose of the Fund.
                    (D) A statement of the balance remaining in the
                Fund at the end of the fiscal year.

SEC. 8. EFFECTIVE DATES.

    (a) Prohibition on Research.--The prohibition under section (4)(a)
shall take effect--
            (1) on the date that is 3 years after the date of enactment
        of this Act for great apes assigned to an active protocol on
        the date of enactment of this Act; or
            (2) on the date of enactment of this Act for great apes not
        assigned to an active protocol on that date.
    (b) Prohibition on Housing and Funding.--The prohibitions under
subsections (b) and (c) of section 4 shall take effect on the date that
is 3 years after the date of enactment of this Act.
    (c) Other Requirements.--Any provision of this Act for which a
specific effective date is not provided shall take effect on the date
of enactment of this Act.

SEC. 9. SEVERABILITY.

    In the event that any provision of this Act shall, for any reason,
be held to be invalid or unenforceable in any respect, such invalidity
or unenforceability shall not affect any other provision of this Act,
and this Act shall be construed as if the invalid or unenforceable
provision had never been included in this Act.
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